OUI Hardship License Eligibility

I get asked regularly by clients and other individuals if they are eligible for a hardship or Cinderella license.  It used to be pretty easy to walk in to the Registry of Motor Vehicles, claim your license suspension was causing you a hardship, and walk out with a hardship license.

It has gotten more and more difficult to obtain a hardship license.  Changes in the laws have resulted in a decrease in eligibility for a hardship license.  For example, it has become more difficult to obtain a hardship license after your license is suspended for OUI.

OUI HARDSHIP CRITERIA:

The criteria are subject to the Registry of Motor Vehicles discretion.   The Registry of Motor Vehicles has the final decision as to issuance of hardship licenses.  You are entitled to have an attorney represent you at all Registry of Motor Vehicle Hearings and Appeals.

You must provide the following information to the Registry of  Motor vehicles, prior to being considered for a hardship license:

  • verification that all other license suspension or revocation periods have been completed;
  • proof of the proper alcohol treatment program (14 day in patient for second offense, 90 day in patient for third and fourth offenses);
  • provide the Discharge Summary from the treatment center, and it must state risk factors and recidivism potential;
  • proof of compliance with all ordered after-care;
  • a letter from your probation officer that you are in good standing;
  • proof of legitimate hardship (this includes a letter from your employer on their letterhead stating your need for a hardship license and your work hours);
  • proof of self-employment, if applicable;
  • proof of hardship for other purpose from a third party (i.e. educational program or medical treatment);
  • the twelve hours you are requesting for a hardship license must be consistent with your documentation;
  • proof of unavailability of public transportation;
  • proof of an ignition interlock device if you have two or more OUI’s on your record.

THERE MUST BE NO EVIDENCE THAT YOU HAVE OPERATED A MOTOR VEHICLE SINCE THE DATE OF REVOCATION FOR OUI!!!!

If you have a 1 year license suspension for OUI, you will be eligible for a work/education hardship after 3 months, and a general hardship license after 6 months.

If you have a 2 year license suspension for OUI, you will be eligible for a work/education hardship after 1 year, and a general hardship after 18 months.

If you have an 8 year license suspension for OUI, you will be eligible for a work/education hardship after 2 years, and a general hardship after 4 years.

If you have a 10 year license suspension for OUI, you will be eligible for a work/education hardship after 5 years, and a general hardship after 8 years.

Please see Massachusetts Registry of Motor Vehicles website for more information.

You have the right to a lawyer at all hardship hearings, please contact me at 866-981-7888 or email me to discuss your options.

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